Md. Sartaz @ Sartaz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87336 of 2025 Arising Out of PS. Case No.-219 Year-2025 Thana- RAUTA District- Purnia ====================================================== Md. Sartaz @ Sartaz son of Late Md. Rakib Resident of village - Abhaypur, Bolwan Hat, Ward No.4, P.S. - Routa, District - Purnea ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kumar, Advocate For the Opposite Party/s :

Mrs. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Routa P.S. Case No. 219 of 2025 registered for the offence punishable under Sections 8(c), 20(b)(ii)(B) of the NDPS Act.

3. The case of the prosecution in short is that from the house of this petitioner, altogether 4.365 kg of Ganja was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner has submitted that from perusal of the seizure list, it will transpire that the recovery has been made below the bed from the room of the petitioner. It has also been

Patna High Court CR. MISC. No.87336 of 2025(2) dt.05-01-2026 2/2 submitted that the police have not complied with Section 105 of the BNSS while making the seizure, and the witnesses of the seizure are also police personnel. He also submits that the quantum of contraband which has been recovered from the possession of this petitioner is though more than a small quantity but is much less than commercial quantity. He further submits that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 08.08.2025.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Special Judge, NDPS Act, Purnea in connection with Routa P.S. Case No. 219 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T